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Dear Cindy - How to Deal with Unfair Termination? – 11/2/2010

I worked for the government as a physician for a decade. I noticed that my superiors were responsible for cheating the patients. I have a whistle-blowing case pending. However, when I complained to my superiors, they fabricated false documents to terminate my employment. Suing for damages is one thing and I can only sue the government not the individuals, but could I bring criminal charges against the individuals? The intentional framing by fabricating false evidence was a criminal act.

Framed physician

Dear Framed,

I contacted employment attorney Barbara Cotter with Cook, Brown LLP in Sacramento, Calif., who told me an individual cannot initiate a criminal matter simply because he or she has been victimized by a criminal act. Only a government can prosecute a criminal action.

As you noted, you may have alternative remedies. However, it is a complex and possibly costly process. Here is what Ms. Cotter had to say:

"Although supervisors generally cannot be held liable for a wrongful termination, they can sometimes be sued for related claims such as defamation or intentional infliction of emotional distress. Keep in mind, however, that suing individuals is costly and judgments against individuals can be difficult to collect. So that option is generally not feasible." She added that if you successfully sue your government employer for wrongful termination, "the purported fraud by the supervisors will be exposed. That exposure may lead to a demotion or termination or some other type of sanction as a result of the alleged dishonesty. So, regardless of whether these supervisors are named defendants in a criminal or civil action, these acts could still trigger serious consequences for them."